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Tuesday, December 22, 2009

Healthcare Reform and the Constitution

About the only thing that the Democrats and the President have said about the Healthcare Bill that isn’t an outright lie is that it is comprehensive. In fact, that is probably understated since this will give our Federal government unprecedented control over every facet of health, including some very personal decisions.

The bill contains a tax on sugary beverages since sugary beverages have been deemed bad for you. Anything bad for you will raise healthcare costs and this bill gives the government the authority to regulate anything that will affect your health. When government began its crusade to steer behavior under what is widely known know as a “sin” tax on cigarettes, I warned that this was only the beginning. No one argues that cigarettes are bad for one’s health but the same argument can be made for nearly the entire fast food industry. As cigarette taxes climb and people quit smoking, the number of cigarette related illnesses will also decline. When illness related to obesity ranks as the number one cause of death in the United States, the same argument will be used to regulate that behavior too.

We all know the number play in Washington. We saw it all through the debate as some figures were issued in real numbers and some were issued as percentages, whichever made the case for healthcare reform stronger. The industry profits for healthcare insurance were given in real dollars since the amount appeared staggering. Even though the industry-wide profits were stated in the hundreds of billions of dollars, the fact is it represented an industry profit of only two percent. See how that works? Two percent wouldn’t make the people paying high insurance premiums angry but hundreds of billions of dollars would.

Choosing the right set of numbers, the Liberal think tanks can now establish a cause to intervene in our lives. The hundreds of billions of dollars that cheeseburger and fries sap from the health insurance industry is certainly enough to warrant government regulation and that regulation will come in the form of an additional tax. Part of the healthcare bill also requires restaurants to list the caloric content of their meal items. How convenient! That would give us an easy factor by which we can calculate a “progressive” tax on foods that cause obesity. Of course, like any tax it will probably start with some thing barely noticeable as in the sugary beverage tax which was to be one penny per ounce, the last time I looked. But as the paradigm shifts and obesity overtakes cigarettes as the number one killer in the US, they will just have to raise unhealthy food taxes in order to save lives.

Why there are all sorts of things that contribute to skyrocketing healthcare costs; things that progressives would love to eliminate but that the Constitution has prevented until now. Several cities have an incredible amount of healthcare money devoted to treating the victims of weapons related crimes. Using the EPA’s recent announcement that they will being regulating CO2 emissions without Congressional approval using the existing Clean Air Act as a guide, is it really beyond the scope of possibility that our Second Amendment Rights could vanish as a regulatory casualty of controlling healthcare costs? Of course the number crunchers would site the dollar and cents cost for that care as the justification and just ignore the facts that gun related crime is the highest in cities that already possess the harshest gun laws in the nation or that crimes committed with lawfully obtained and owned weapons is less than one half of one percent of all weapons related crimes.

What other rights could be swept away by this bill? Well, we didn’t have to wait for the passage of the bill for our right to free speech to be assaulted. Humana advised its customers about the potential loss of Medicare Advantage under the Healthcare Bill and the White House immediately attacked, threatening legal action even though Medicare advantage was indeed, on the chopping block. Where Humana is concerned, the White House acted with total disregard to the Supreme Court ruling that Corporations are considered individuals where Constitutional protections, including the First Amendment right to Free Speech is concerned. If that wasn't enough, the White House went as far as to establish an Orwellian e-mail account so individuals could report anyone that was spreading lies (opposing information) about the healthcare bill. The apparent message was that Big Brother is indeed watching. Of course that site was dismantled when there was an outcry over this clear abuse of power and the danger it represented.

How about our right to privacy? The administration claims that medical records will be specially secured and kept from prying eyes; really? When Social Security was enacted opponents railed against the loss of privacy and again, the government issued assurances that our privacy would be protected. Social Security numbers were never supposed to be used as a means of identification and the original cards were issued with the statement “For Social Security Purposes, Not for Identification” printed on the face of the card to allay those fears.

So what do we have now? Our Social Security number became our primary form of identification and is needed to secure employment, pay taxes and even to open a bank account. It is the only piece of identity needed in conjunction with your name to get a comprehensive credit report containing all of your financial dealings and as such, has become the primary instrument used by thieves to steal your identity and do irreparable harm to your credit and good name. Considering that the Federal government, with all of the technology and computerization available to them today, could not accurately track the stimulus expenditures with even a modest degree of accuracy, how could we believe that they can secure our medical records any better than they did our Social Security information?

The privacy issue may be further impinged if the final bill contains the same provisions for community based services that were in the House Bill. Under that, community base health providers would come to your home to offer solutions and advice on everything from child rearing to care for the elderly. We already know from past experience that once the government gets a toe in the door, it isn’t long before the whole proverbial 600 lb gorilla is in the living room.

Progressives may be for the most part, a Godless bunch while some Democrats like Ben Nelson are comfortable with placing their religious beliefs and morals on the same auction block with their votes; but American’s are a faithful people with 85% professing belief in one religion or another. The use of public funds for abortion, for many of these people, places them at odds with their faith. Intellectually, there is no difference in using their taxes to pay for abortion as it would be for them to pay for it themselves and that is something their conscience will not allow. Even soldiers have the ability to opt out of fighting in a war if they have a strong and historically verifiable religious objection. Those that object to abortion on religious grounds have no such “opt-out” provision available to them where taxes are concerned. Since tax money all goes into the same pot, if abortion is funded by any provision of the bill no one can offer a reasonable assurance that their money will not eventually end up funding abortion.

Let’s not forget that this is the first time the Federal government has levied a tax on us just because we are alive. The mandate that we purchase health care insurance or else, is as unconstitutional as it gets. There are those that say it’s no different than the mandate to have car insurance, but that mandate only applies if you choose to drive a car. Those that do not own a car are not required to have auto insurance to drive the costs down for those that do. Also, this healthcare bill is not actually insurance, but rather a whole life, cradle to grave intrusion on your life and liberty. It is pre-paid medical care and that is where the outrageous expense comes from. Do you file an insurance claim at every oil change or fill up? Does your auto insurance cover consumable items like brake pads and wiper blades? Does auto insurance cover pre-existent conditions or allow high risk drivers to purchase a low cost policy? No, the comparison to auto insurance is idiotic at best and only confirms the irrational lengths at which these people will go to sell you on this miserable idea.

Paul

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